Search smh:

Search in:

Second Vic trial delayed by Legal Aid cuts

Daniel Fogarty

A Supreme Court judge has warned that many more Victorian trials will be postponed because of Legal Aid cost-cutting that has already caused two serious trials to be put off.

Justice Terry Forrest postponed a murder trial on Monday because the accused man faced a "significant disadvantage" by not having access to a full-time instructing solicitor during his trial.

It is the second serious trial to be adjourned in two court sitting days.

Victoria Legal Aid (VLA) introduced a policy last month of only funding an instructing solicitor for two half-days of a trial.

Advertisement

Justice Forrest said the trial was expected to be long and complex, so the accused man needed both a barrister and solicitor.

He expected many more trials would be affected by the VLA policy.

"There will be other criminal trials where no amount of case management strategies can ensure that the applicant will receive a fair trial in the absence of an instructing solicitor," he said.

"These trials should not be commenced until the unfairness is cured.

"If I am correct, the unfortunate effect of VLA's cost constraints is that many criminal trials will be postponed for as long as the cost-cutting protocol survives.

"This is incompatible with the proper, timely and just administration of criminal justice."

Justice Forrest said the accused man would "lose considerably" by the absence of an instructing solicitor in the case.

"I consider that one person, no matter how diligent or brilliant, simply cannot do to a proper standard what is expected of (the accused's barrister)," he said.

"Put another way, I consider that I am unable to ensure that (the accused man) will receive a fair trial in the current circumstances."

Justice Forrest said he would stay the trial until the circumstances changed.

The accused man's barrister had applied to have Justice Forrest order VLA to fund the man's instructing solicitor.

But Justice Forrest said because the man had a barrister it could not be said that he was not represented and therefore he could not order VLA to fund him.

VLA spokeswoman Nicole Rich defended the policy and urged the Director of Public Prosecutions to consider appealing the ruling.

"We agree that it is not in the public interest for trials to be stayed indefinitely when the accused is legally represented and are concerned about the impact that this situation may have on legal aid clients as well as on the community and the waste of valuable court time," Ms Rich said in a statement.

"Staying trials indefinitely is not in the interests of people facing serious criminal charges and the Director of Public Prosecutions is the only person who has the right to appeal Justice Forrest's decision. The situation needs to be clarified."

Premier Ted Baillieu told reporters funding to Legal Aid had been increased by more than $20 million in the last budget.